Mersand v. Commissioner of the Social Security Administration

Background

Jenny Lauren Mersand, representing herself, sued under 42 U.S.C. § 405(g) for review of the Social Security Administration’s denial of her application for Supplemental Security Income benefits. Mersand moved for an order reversing the administrative law judge’s determination. The Commissioner of Social Security cross-moved for judgment on the pleadings, asking the court to rule based on the existing pleadings and administrative record.

The matter was referred to Magistrate Judge Andrew E. Krause, who issued a report and recommendation on August 19, 2022. He recommended granting Mersand’s motion, denying the Commissioner’s cross-motion, reversing the administrative law judge’s determination, and remanding the matter to the Social Security Administration for further proceedings. Neither party filed an objection.

Court’s Review

Because there were no objections, the district court reviewed the report and recommendation for clear error on the face of the record. The court adopted the recommendation in its entirety.

The court agreed that the administrative law judge had not properly applied the required five-step disability inquiry. In particular, the administrative law judge used an older version of the standard for evaluating the mental-impairment criteria in paragraph C of Listings 12.04 and/or 12.06, even though that standard had later been revised. The court concluded that applying the wrong standard warranted reversal of the administrative law judge’s determination.

Disposition

The court granted Mersand’s motion seeking reversal of the administrative law judge’s determination and denied the Commissioner’s cross-motion for judgment on the pleadings. The Clerk was directed to enter judgment in Mersand’s favor and remand the case to the Social Security Administration for further proceedings consistent with the report and recommendation and the order. The opinion does not state that the court itself awarded benefits.